← Back to Directory

The right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013

The right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013

Raw JSON API

Sections

Section 1. Short title, extent and commencement.

Section 1

Section 2. Application of Act.

Section 2

Section 3. Definitions.

Section 3

Section 4. Preparation of Social Impact Assessment study.

Section 4

Section 5. Public hearing for Social Impact Assessment.

Section 5

Section 6. Publication of Social Impact Assessment study.

Section 6

Section 7. Appraisal of Social Impact Assessment report by an Expert Group.

Section 7

Section 8. Examination of proposals for land acquisition and Social Impact Assessment report by

Section 8

Section 9. Exemption from Social Impact Assessment.

Section 9

Section 10. Special provision to safeguard food security.

Section 10

Section 11. Publication of preliminary notification and power of officers thereupon.

Section 11

Section 12. Preliminary survey of land and power of officers to carry out survey.

Section 12

Section 13. Payment for damage.

Section 13

Section 14. Lapse of Social Impact Assessment report.

Section 14

Section 15. Hearing of objections.

Section 15

Section 16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.

Section 16

Section 17. Review of the Rehabilitation and Resettlement Scheme.

Section 17

Section 18. Approved Rehabilitation and Resettlement Scheme to be made public.

Section 18

Section 19. Publication of declaration and summary of Rehabilitation and Resettlement.

Section 19

Section 20. Land to be marked out, measured and planned including marking of specific areas.

Section 20

Section 21. Notice to persons interested.

Section 21

Section 22. Power to require and enforce the making of statements as to names and interests.

Section 22

Section 23. Enquiry and land acquisition award by Collector.

Section 23

Section 24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain

Section 24

Section 25. Period within which an award shall be made.

Section 25

Section 26. Determination of market value of land by Collector.

Section 26

Section 27. Determination of amount of compensation.

Section 27

Section 28. Parameters to be considered by Collector in determination of award.

Section 28

Section 29. Determination of value of things attached to land or building.

Section 29

Section 30. Award of solatium.

Section 30

Section 31. Rehabilitation and Resettlement Award for affected families by Collector.

Section 31

Section 32. Provision of infrastructural amenities in resettlement area.

Section 32

Section 33. Corrections to awards by Collector.

Section 33

Section 34. Adjournment of enquiry.

Section 34

Section 35. Power to summon and enforce attendance of witnesses and production of documents.

Section 35

Section 36. Power to call for records, etc.

Section 36

Section 37. Awards of Collector when to be final.

Section 37

Section 38. Power to take possession of land to be acquired.

Section 38

Section 39. Additional compensation in case of multiple displacements.

Section 39

Section 40. Special powers in case of urgency to acquire land in certain cases.

Section 40

Section 41. Special provisions for Scheduled Castes and Scheduled Tribes.

Section 41

Section 42. Reservation and other benefits.

Section 42

Section 43. Appointment of Administrator.

Section 43

Section 44. Commissioner for rehabilitation and resettlement.

Section 44

Section 45. Rehabilitation and resettlement committee at project level.

Section 45

Section 46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other

Section 46

Section 47. Quantification and deposit of rehabilitation and resettlement amount.

Section 47

Section 48. Establishment of National Monitoring Committee for rehabilitation and resettlement.

Section 48

Section 49. Reporting requirements.

Section 49

Section 50. Establishment of State Monitoring Committee for rehabilitation and resettlement.

Section 50

Section 51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.

Section 51

Section 52. Composition of Authority.

Section 52

Section 53. Qualifications for appointment as Presiding Officer.

Section 53

Section 54. Terms of office of Presiding Officer.

Section 54

Section 55. Staff of Authority.

Section 55

Section 56. Salary and allowances and other terms and conditions of service of Presiding Officers.

Section 56

Section 57. Filling up of vacancies.

Section 57

Section 58. Resignation and removal.

Section 58

Section 59. Orders constituting Authority to be final and not to invalidate its proceedings.

Section 59

Section 60. Powers of Authority and procedure before it.

Section 60

Section 61. Proceedings before Authority to be judicial proceedings.

Section 61

Section 62. Members and officers of Authority to be public servants.

Section 62

Section 63. Jurisdiction of civil courts barred.

Section 63

Section 64. Reference to Authority.

Section 64

Section 65. Collector‘s statement to Authority.

Section 65

Section 66. Service of notice by Authority.

Section 66

Section 67. Restriction on scope of proceedings.

Section 67

Section 68. Proceedings to be in public.

Section 68

Section 69. Determination of award by Authority.

Section 69

Section 70. Form of award.

Section 70

Section 71. Costs.

Section 71

Section 72. Collector may be directed to pay interest on excess compensation.

Section 72

Section 73. Re-determination of amount of compensation on the basis of the award of the Authority.

Section 73

Section 74. Appeal to High Court.

Section 74

Section 75. Particulars of apportionment to be specified.

Section 75

Section 76. Dispute as to apportionment.

Section 76

Section 77. Payment of compensation or deposit of same in Authority.

Section 77

Section 78. Investment of money deposited in respect of lands belonging to person incompetent to

Section 78

Section 79. Investment of money deposited in other cases.

Section 79

Section 80. Payment of interest.

Section 80

Section 81. Temporary occupation of waste or arable land, procedure when difference as to

Section 81

Section 82. Power to enter and take possession and compensation on restoration.

Section 82

Section 83. Difference as to condition of land.

Section 83

Section 84. Punishment for false information, mala fide action, etc.

Section 84

Section 85. Penalty for contravention of provisions of Act.

Section 85

Section 86. Offences by companies.

Section 86

Section 87. Offences by Government departments.

Section 87

Section 88. Cognizance of offences by court.

Section 88

Section 89. Offences to be non-cognizable.

Section 89

Section 90. Offences to be cognizable only on complaint filed by certain persons.

Section 90

Section 91. Magistrate to enforce surrender.

Section 91

Section 92. Service of notice.

Section 92

Section 93. Completion of acquisition not compulsory, but compensation to be awarded when not

Section 93

Section 94. Acquisition of part of house or building.

Section 94

Section 95. Acquisition of land at cost of a local authority or Requiring Body.

Section 95

Section 96. Exemption from income-tax, stamp duty and fees.

Section 96

Section 97. Acceptance of certified copy as evidence.

Section 97

Section 98. Notice in case of suits for anything done in pursuance of Act.

Section 98

Section 99. No change of purpose to be allowed.

Section 99

Section 100. No change of ownership without permission to be allowed.

Section 100

Section 101. Return of unutilised land.

Section 101

Section 102. Difference in price of land when transferred for higher consideration to be shared.

Section 102

Section 103. Provisions to be in addition to existing laws.

Section 103

Section 104. Option of appropriate Government to lease.

Section 104

Section 105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.

Section 105

Section 106. Power to amend Schedule.

Section 106

Section 107. Power of State Legislatures to enact any law more beneficial to affected families.

Section 107

Section 108. Option to affected families to avail better compensation and rehabilitation and resettlement.

Section 108

Section 109. Power of appropriate Government to make rules.

Section 109

Section 110. Rules made by Central Government to be laid before Parliament.

Section 110

Section 111. Rules made by State Government to be laid before State Legislature.

Section 111

Section 112. Previous publication of rules made by Central and State Government.

Section 112

Section 113. Power to remove difficulties.

Section 113

Section 114. Repeal and saving.

Section 114

Section 1. Short title, extent and commencement. –(1) This Act may be called the Right to Fair

Section 1

Section 2. Application of Act. –(1) The provisions of this Act relating to land acquisition, compensation,

Section 2
Part II

Section 1. 1st January 2014, vide notification No. 3729 (E), dated 19th December, 2013, see Gazette of India, Extraordinary, Part II,

Section 1

Section 3. Definition.–In this Act, unless the context otherwise requires,—

Section 3

Section 4. Preparation of Social Impact Assessment study. –(1) Whenever the appropriate Government

Section 4

Section 5. Public hearing for Social Impact Assessment .–Whenever a Social Impact Assessment is

Section 5

Section 6. Publication of Social Impact Assessment study.–(1) The appropriate Government shall ensure

Section 6

Section 7. Appraisal of Social Impact Assessment report by an Expert Group. –(1) The appropriate

Section 7

Section 8. Examination of proposals for land acquisition and Social Impact Assessment report by

Section 8

Section 9. Exemption from S ocial Impact Assessment.–Where land is proposed to be acquired invoking

Section 9

Section 10. Special provision to safeguard food security. –(1) Save as otherwise provided in sub -section

Section 10

Section 11. Publication of preliminary notification and power of officers.–(1) Whenever, it appears to

Section 11

Section 12. Preliminary survey of land and power of officers to carry out survey. –For the purposes of

Section 12

Section 13. Payment for damage.–The officer so authorised under section 12 shall at the time of entry

Section 13

Section 14. Lapse of Social Impact Assessment report. –Where a preliminary notification under section

Section 14

Section 15. Hearing of objections. –(1) Any person interested in any land which has been notified under

Section 15

Section 16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator. –(1) Upon

Section 16

Section 17. Review of the Rehabilitation and Resettlement Scheme. –(1) The Collector shall review the

Section 17

Section 18. Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner

Section 18

Section 19. Publication of declaration and summary of Rehabilitation and Resettlement. –(1) When

Section 19

Section 20. Land to be marked out, measured and planned including marking of specific areas. –The

Section 20

Section 21. Notice to persons interested.–(1) The Collector shall publish the public notice on his website

Section 21

Section 22. Power to require and enforce the making of statements as to names and interests. –(1) The

Section 22

Section 23. Enquiry and land acquisition award by Collector.–On the day so fixed, or on any other day

Section 23

Section 24. Land acquisition process und er Act No. 1 of 1 894 shall be deemed to have lapsed in

Section 24

Section 25. Period within which an award shall be made. –The Collector shall make an award within a

Section 25

Section 26. Determination of market value of land by Collector. –(1) The Collector shall adopt the

Section 26

Section 27. Determination of amount of compensation. –The Collector having determined the market

Section 27

Section 28. Parameters to be considered by Collector in determination of award. –In determining the

Section 28

Section 29. Determination of value of things attached to land or building .–(1) The Collector in

Section 29

Section 30. Award of solatium .–(1) The Collector having determined the total compensation to be paid,

Section 30

Section 31. Rehabilitation and Resettlement Award for affected families by Collector.–(1) The

Section 31

Section 32. Provision of infrastructural amenities in resettlement area. –In every resettlement area as

Section 32

Section 33. Corrections to awards by Collector.–(1) The Collector may at any time, but not later than six

Section 33

Section 34. Adjournment of enquiry. –The Collector may, for any cause he thinks fit, from time to time

Section 34

Section 35. Power to summon and enforce attendance of witnesses and production of documents.–For

Section 35

Section 36. Power to call for records, etc. –The appropriate Government may at any time before the

Section 36

Section 37. Awards of Collector when to be final.–(1) The Awards shall be filed in the Collector‘s office

Section 37

Section 38. Power to take poss ession of land to be acquired. –(1) The Collector shall take possession of

Section 38

Section 39. Additional compensation in case of multiple displacements. –The Collector shall, as far as

Section 39

Section 40. Special powers in case of urgency to acquire land in certain cases. –(1) In cases of urgency,

Section 40

Section 41. Special provisions for Scheduled Castes and Scheduled Tribes. –(1) As far as possible, no

Section 41

Section 42. Reservation and other benefits. –(1) All benefits, including the reservation benefits available

Section 42

Section 43. Appointment of Administrator.–(1) Where the appropriate Government is satisfied that there

Section 43

Section 44. Commissioner for rehabilitation and resettlement. –(1) The State Government shall appoint

Section 44

Section 45. Rehabilitation and resettlement committee at project level. –(1) Where land proposed to be

Section 45

Section 46. Provisions relating to rehabilitation a nd resettlement to apply in case of certain persons

Section 46

Section 47. Quantification and deposit of rehabilitation and resettlement amount. –Where the

Section 47

Section 48. Establishment of National Monitoring Committee for rehabilitation and resettlement.–(1)

Section 48

Section 49. Reporting requirements. –The States and Union territories shall pro vide all the relevant

Section 49

Section 50. Establishment of State Monitoring Committee for rehabilitation and resettlement .–(1)

Section 50

Section 51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority. –(1) The

Section 51

Section 52. Composition of Authority. –(1) The Authority shall consist of one person only (hereinafter

Section 52

Section 53. Qualifications for appointment as Presiding Officer.–(1) A person shall not be qualified for

Section 53

Section 54. Terms of office of Presiding Officer. –The Presiding Officer of an Authority shal l hold office

Section 54

Section 55. Staff of Authority. –(1) The appropriate Government shall provide the Authority with a

Section 55

Section 56. Salary and allowances and other terms and conditions of service of Presiding Officers. –

Section 56

Section 57. Filling up of vacancies. –If, for any reason other than temporary absence, any vacancy occurs

Section 57

Section 58. Resignation and removal. –(1) The Presiding Officer of an Authority may, by notice in

Section 58

Section 59. Orders constituting Authority to be final and not to invalidate its proceedings. –No order

Section 59

Section 60. Powers of Authority and procedure before it.–(1) The Authority shall, for the purposes of its

Section 60

Section 61. Proceedings before Authority to be judicial proceedings. –All proceedings before the

Section 61

Section 62. Members and officers of Authority to be public servants. –The Member and officers of the

Section 62

Section 63. Jurisdiction of civil courts barred.–No civil court (other than High Court under article 226 or

Section 63

Section 64. Reference to Authority. –(1) Any person interested who has not accepted the award may, by

Section 64

Section 65. Collector’s statement to Authority. –(1) In making the reference, the Collector shall state for

Section 65

Section 66. Service of notice by Authority. –The Authority shall thereupon cause a notice spe cifying the

Section 66

Section 67. Restriction on scope of proceedings.–The scope of the enquiry in every such proceeding shall

Section 67

Section 68. Proceeding to be in public. –Every such proceeding shall take place in public, and all persons

Section 68

Section 69. Determination of award by authority.–(1) In determining the amount of compensation to be

Section 69

Section 70. Form of award. –(1) Every award under this Chapter shall be in writing signed by the

Section 70

Section 71. Costs.–(1) Every such award shall also state the amount of costs incurred in the proceeding

Section 71

Section 72. Collector may be directed to pay interest on excess compensation.–If the sum, which in the

Section 72

Section 73. Re-determination of amount of compensation on the basis of the award of the Authority.–

Section 73

Section 74. Appeal to High Court.–(1) The Requiring Body or any person aggrieved by the Award passed

Section 74

Section 75. Particulars of apportionment to be specified. –When there are several persons interested, if

Section 75

Section 76. Dispute as to apportionment. –When the amount of compensation has been settled, if an y

Section 76

Section 77. Payment of compensation or deposit of same in Authority.–(1) On making an award under

Section 77

Section 78. Investment of money deposited in respect of lands belonging to person incompetent to

Section 78

Section 79. Investment of money deposited in other cases. –When any money shall have been deposited

Section 79

Section 80. Payment of interest. –When the amount of such compensation is not paid or deposited on or

Section 80

Section 81. Temporary occupation of waste or arable land, procedure when difference as to

Section 81

Section 82. Power to enter and take possession and compensation on restoration. –(1) On payment of

Section 82

Section 83. Difference as to condition of land. –In case the Collector and persons interested differ as to

Section 83

Section 84. Punishment for false information, mala fide action, etc.–(1) If a person, in connection with a

Section 84

Section 85. Penalty for contravention of provisions of Act. –If any person contravenes any of the

Section 85

Section 86. Offences by companies. –(1) Where an offence under this Act has been committed by a

Section 86

Section 87. Offences by Government departments.–(1) Where an offence under this Act has been

Section 87

Section 88. Cognizance of offences by court. –No court inferior to that of a Metropolitan Magistrate or a

Section 88

Section 89. Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal

Section 89

Section 90. Offences to be cognizable only on complaint filed by certain persons. –No court shall take

Section 90

Section 91. Magistrate to enforce surrender.–If the Collector is opposed or impeded in taking possession

Section 91

Section 92. Service of notice .–(1) Save as otherwise provided in section 66, the service of any notice

Section 92

Section 93. Completion of acquisition not compulsory, but compensation to be awarded when not

Section 93

Section 94. Acquisition of part of house or building. –(1) The provisions of this Act shall not be put in

Section 94

Section 95. Acquisition of land at cost of a local authority or Requiring Body. –(1) Where the

Section 95

Section 96. Exemption from income -tax, stamp duty and fees. –No income tax or stamp duty shall be

Section 96

Section 97. Acceptance of certified copy as evidence. –In any proceeding under this Act, a certified copy

Section 97

Section 98. Notice in case of suits for anything done in pursuance of Act. –No suit or other proceeding

Section 98

Section 99. No change of purpose to be allowed. –No change fr om the purpose or related purposes for

Section 99

Section 100. No change of ownership without permission to be allowed. –No change of ownership

Section 100

Section 101. Return of unutilised land.– When any land acquired under this Act remains unutilised for a

Section 101

Section 102. Difference in price of land whe n transferred for higher consideration to be shared. –

Section 102

Section 103. Provisions to be in addition to existing laws.–The provisions of this Act shall be in addition

Section 103

Section 104. Option of appropriate Government to lease. –Notwithstanding anything contained in this

Section 104

Section 105. Provisions of this Act not to apply in certain cases or to apply with certain

Section 105

Section 106. Power to amend Schedule. –(1) The Central Government may, by notification, amend or

Section 106

Section 107. Power of State Legislatures to enact any law more beneficial to affected families. –

Section 107

Section 108. Option to affected families to avail better compens ation and rehabilitation and

Section 108

Section 109. Power of appropriate Government to make rules. –(1) Subject to the other provisions of

Section 109

Section 110. Rules made by Central Government to be laid before Parliament. –Every rule made by

Section 110

Section 111. Rules made by State Government to be laid before State Legislature.–Every rule made by

Section 111

Section 112. Previous publication of rules made by Central and State Government. –The power to

Section 112

Section 113. Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of

Section 113

Section 114. Repeal and saving.–(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.

Section 114

Section 1. Market value of land To be determined as provided under section 26.

Section 1

Section 2. Factor by which the market value

Section 2

Section 3. Factor by which the market value

Section 3

Section 4. Value of assets attached to land

Section 4

Section 5. Solatium Equivalent to one hundred per cent. of the market

Section 5

Section 6. Final award in rural areas Market value of land mentioned against serial

Section 6

Section 7. Final award in urban areas Market value of land mentioned against serial

Section 7

Section 8. Other component, if any, to be

Section 8

Section 1. Provision of housing units

Section 1

Section 2. Land for Land In the case of irrigation project, as far as possible and

Section 2

Section 3. Offer for Developed Land In case the land is acquired for urbanisation purposes,

Section 3

Section 4. Choice of Annuity or

Section 4

Section 5. Subsistence grant for

Section 5

Section 6. Transportation cost for

Section 6

Section 7. Cattle shed/Petty shops cost Each affected family having cattle or having a petty

Section 7

Section 8. One-time grant to

Section 8

Section 9. Fishing rights In cases of irrigation or hydel projects,

Section 9

Section 10. One-time Resettlement

Section 10

Section 11. Stamp duty and

Section 11

Section 1. Roads within the resettled villages and an all-weather road link to the

Section 1

Section 2. Proper drainage as well as sanitation plans executed before physical

Section 2

Section 3. One or more assured sources of safe drinking water for each family as

Section 3

Section 4. Provision of drinking water for cattle.

Section 4

Section 5. Grazing land as per proportion acceptable in the State.

Section 5

Section 6. A reasonable number of Fair Price Shops.

Section 6

Section 7. Panchayat Ghars, as appropriate.

Section 7

Section 8. Village level Post Offices, as appropriate, with facilities for opening

Section 8

Section 9. Appropriate seed-cum-fertilizer storage facility if needed.

Section 9

Section 10. Efforts must be made to provide basic irrigation facilities to the

Section 10

Section 11. All new villages established for resettlement of the displaced persons

Section 11

Section 12. Burial or cremation ground, depending on the caste- communities at

Section 12

Section 13. Facilities for sanitation, including individual toilet points.

Section 13

Section 14. Individual single electric connections (or connection through non-

Section 14

Section 15. Anganwadi‘s providing child and mother supplemental nutritional

Section 15

Section 16. School as per the provisions of the Right of Children to Free and

Section 16

Section 17. Sub-health centre within two kilometres range.

Section 17

Section 18. Primary Health Centre as prescribed by the Government of India.

Section 18

Section 19. Playground for children.

Section 19

Section 20. One community centre for every hundred families.

Section 20

Section 21. Places of worship and chowpal/tree platform for every fifty families for

Section 21

Section 22. Separate land must be earmarked for traditional tribal institutions.

Section 22

Section 23. The forest dweller families must be provided, where possible, with

Section 23

Section 24. Appropriate security arrangements must be provided for the settlement,

Section 24

Section 25. Veterinary service centre as per norms.

Section 25

Section 1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).

Section 1

Section 2. The Atomic Energy Act, 1962 (33 of 1962).

Section 2

Section 3. The Damodar Valley Corporation Act, 1948 (14 of 1948).

Section 3

Section 4. The Indian Tramways Act, 1886 (11 of 1886)

Section 4

Section 5. The Land Acquisition (Mines) Act, 1885 (18 of 1885).

Section 5

Section 6. The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).

Section 6

Section 7. The National Highways Act, 1956 (48 of 1956).

Section 7

Section 8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (50 of

Section 8

Section 9. The Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952).

Section 9

Section 10. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (60 of 1948).

Section 10

Section 11. The Coal Bearing Areas Acquisition and Development Act, 1957 (20 of 1957).

Section 11

Section 12. The Electricity Act, 2003 (36 of 2003).

Section 12

Section 13. The Railways Act, 1989 (24 of 1989).

Section 13